Bill Text: OR SB1545 | 2012 | Regular Session | Introduced


Bill Title: Relating to exclusion from definition of employment for certain transportation services provided to for-hire carriers; prescribing an effective date.

Spectrum: Unknown

Status: (Failed) 2012-03-05 - In committee upon adjournment. [SB1545 Detail]

Download: Oregon-2012-SB1545-Introduced.html


     76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 30

                        Senate Bill 1545

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Business, Transportation and Economic Development)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Specifies that exclusion from definition of 'employment ' for
transportation performed by person leasing equipment to for-hire
carrier applies regardless of whether person leasing equipment
purchases, leases, rents or finances equipment, from any person,
without restriction.
  Takes effect on 91st day following adjournment sine die.

                        A BILL FOR AN ACT
Relating to exclusion from definition of employment for certain
  transportation services provided to for-hire carriers; creating
  new provisions; amending ORS 657.047; and prescribing an
  effective date.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 657.047 is amended to read:
  657.047. (1) As used in this chapter, 'employment' does not
include:
  (a) Transportation by motor vehicle of logs, poles and piling
by   { - any - }   { + a + } person who both furnishes and
maintains the  { + motor + } vehicle used in   { - such - }
 { + the + } transportation; or
  (b) Transportation performed by motor vehicle for a for-hire
carrier by   { - any - }   { + a + } person that leases
 { - their - }   { + the person's + } equipment to a for-hire
carrier { + , + }   { - and that - }  personally operates,
furnishes and maintains the equipment and provides service
  { - thereto - }  { +  to the for-hire carrier + }.
  (2) { + (a) + } For   { - the - }  purposes of this chapter,
services performed in the operation of a motor vehicle
 { - specified - }  { + , as described + } in subsection (1) of
this section   { - shall be - }  { + , are + } deemed to be
performed for the person furnishing and maintaining the motor
vehicle.
   { +  (b) Subsection (1)(b) of this section applies regardless
of whether a person leasing equipment to a for-hire carrier
purchases, leases, rents or finances the equipment, from any
person, without restriction. + }

  (3) As used in this section 'for-hire carrier' has the meaning
given that term in ORS 825.005.
  (4) The provisions of subsections (1) and (2) of this section
do not apply to services performed for:
  (a) A nonprofit employing unit;
  (b) This state;
  (c) A political subdivision of this state; or
  (d) An Indian tribe.
  SECTION 2.  { + The amendments to ORS 657.047 by section 1 of
this 2012 Act apply to services performed on or after the
effective date of this 2012 Act. + }
  SECTION 3.  { + This 2012 Act takes effect on the 91st day
after the date on which the 2012 regular session of the
Seventy-sixth Legislative Assembly adjourns sine die. + }
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